Boston Child Support Lawyer
If you have minor children in your family and you decide to get a divorce, the non-custodial parent will be required to pay child support to the custodial parent. When you and your spouse are working with your respective lawyers to come to an agreement together or in the court, you will be required to prepare and present a financial statement that shows your personal finances and income. The courts will use this, among other tools, to determine the amount of child support the non-custodial parent will be required to pay to financially support his or her child/children.
Not only is the non-custodial parent required to pay basic child support, he or she may also be asked to pay for some or all of other expenses related to the care and development of the child or children, such as:
- Medical expenses
- Dental expenses
- Educational/extracurricular expenses
- Other expenses related to the child’s development/health/education
Boston Child Support Attorney
We understand that you might feel like you and your children’s needs will get lost in the Massachusetts legal system. We will not allow that to happen. We work closely with every client and we always ensure that your rights and those of your children are upheld throughout the process. We will work with you from initial consultation all the way through until your case is complete, whether that is in court or out of court. We believe in personalized and compassionate legal representation. We will always treat you in the manner that you deserve to be treated. We know that you are most apprehensive about your children’s well-being, and that is also our first concern.
You might be concerned about additional expenses after your child reaches the age of majority. You can always speak with our Boston child support lawyers to determine if it is possible to receive extended child support until he or she reaches 23 (as long as he or she is enrolled in college/university). We will work with you and your unique circumstances to achieve an arrangement that puts your children first.
Calculating Child Support in Massachusetts
In most instances the amount of child support is determined by applying the Massachusetts Child Support Guidelines. The child support guidelines are based on the idea that both parents are intended to contribute to the support of the child. As such, the available income of both parents is used in calculating the weekly child support amount. A deduction is permitted from a parent’s available income for expenses paid in connection with child care costs, health insurance, dental/vision insurance and other support obligations. Utilizing the combined available income of both parents the guidelines tabulate a combined weekly child support amount which is a determination of the total support obligation of both parents for one child. Adjustments are made for parents with more than one child. The combined support amount is then reduced by the recipient parent’s share of the combined amount with the remaining balance becoming the weekly support obligation of the payor parent.
While the above description is intended only to provide a brief overview of the Massachusetts Child Support Guidelines, one can see that calculating the weekly child support amount is complex. Whether you are the payor or the recipient parent, child support can have a tremendous impact on you and your family. It is essential that you are paying or receiving a child support amount that is fair and accurate. As such, it is importance to have an experienced Massachusetts child support lawyer who is proficient with the Massachusetts Child Support Guidelines.
Massachusetts Child Support Guidelines: Rebutting the Presumption
Parents are often frustrated with the rigid and mechanical nature in which the Massachusetts Child Support Guidelines determine the child support payment amount. As the guidelines utilize the combined income of the parents to calculate child support, parents are often left wondering how the guidelines reflect and account for other expenses and noneconomic contributions which impact their financial abilities and the overall support of the child. In many cases there are other mitigating factors that are relevant to the calculation of child support that are not included as part of the Massachusetts Child Support Guidelines Worksheet. Common examples of such mitigating factors include situations in which the payor or recipient parent:
- Is capable of working and is unemployed
- Pays expenses related to extra-curricular activities, private school, post-secondary education or summer camps
- Has additional children with another family
- Receives SSDI benefits and a dependency benefit
- Obtains a second job or works overtime
- Fails to report income
- Pays routine uninsured medical costs
- Has extraordinary travel or other expenses related to parenting
- Is without the ability to support himself/herself
It is presumed that the guidelines will be applied in most cases establishing or modifying an order of child support, however this presumption is rebuttable. In other words, the court does have discretion to vary from the guidelines and order an amount that is either higher or lower than that amount calculated by the guidelines. It is here that a skilled Massachusetts child support lawyer can prove to be invaluable. At the Law Offices of Tangusso & Lambert, in Boston, MA we are zealous courtroom advocates that know how to tell your side of the story and fight for a child support amount that is fair and reasonable.
When does Child Support End in Massachusetts?
In general, child support ends when a child reaches the age of 18. However, in those situations where the child is domiciled in the home of a parent and is principally dependant upon said parent child support can continue until the child attains the age of twenty-one. In addition, if the child is principally dependent on the parent for maintenance due to enrollment in a post-secondary educational program child support can continue until the child attains the age of twenty-three or graduates, which ever occurs first. Thus, for parents with children enrolled in post-secondary educational programs the obligation to pay child support can potentially continue until the child attains the age of twenty-three. As stated above, the continuation of child support beyond the age of eighteen is contingent upon a showing that the child is principally dependant on a parent. In most cases it is this element that offers a child support lawyer the best opportunity to either substantiate or challenge the need for continued support. As such it is important that you retain the services of an experience Massachusetts child support attorney who will ensure that support payments are appropriately continued or terminated. Do you need a child support lawyer who will keep your children’s needs first?
Contact a Boston child support attorney at Tangusso & Lambert to discuss your child support issues in Massachusetts.